General Question

HelpmeGA's avatar

Need a houseguest out!

Asked by HelpmeGA (89points) August 16th, 2010

I decided in mid May to help out a friend who was thrown out of the house she was living in with someone else. Her and her daughter came here with myself, huband and our 3 kids. She had told us it was to be for a short time. She wanted to pay only 100 a month paid nothing when she came. In June we told her that wasnt enough and she agreed to 150 every 2 weeks, she eats our food uses our cable and internet, showers ect. The house bills are 1800$ we thought it fair to divide it by 4 she would pay ¼ she refuses. We asked her to leave…demanded she leave and even put it in writing that she needs to go, now she wont even pay the 150 we got her to agree to. She has no keys to the house, no mail coming here and her daughter goes to school in another district. We live in GA. there was no written agreement as to how long she could stay can we just consider her a houseguest and put her out or do we have to go thru the eviction process? We are renting the house ourselves and just tried to do a good deed. Please help.

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58 Answers

chyna's avatar

Call the police and have her removed. This person is not your friend. She is not on the lease, so she has no rights to stay there. I feel bad for the child, but you have to get your home and life back. And never do this again.

Coloma's avatar

Usually rental agreements specify that guests staying over 30 days need to be confirmed.

Have you spoken to this person, told then that they need to go?

If not, then it would be unfair of you to toss them out.
If yes, and they have not communicated, then…say nothing and pack their stuff, put it out and lock them out.

To be fair and decent you should give them a 30 day notice and then take what action is necessary.

chyna's avatar

@Coloma She says she has asked her to leave, then demanded she leave and even put it in writing.

shego's avatar

My ex had a friend who refused to leave. He did everything you described your guest doing, yet he did nothing. I got sick and tired of scraping money so I could pay the rent and make sure we were all fed. But I did have a written contract that was signed stating the consequences. Because of that contract I was able to prove that I never collected money for any of the bills. So the police removed him.
I know it’s hard that there is a child involved but maybe you could call some of the shelters around and see if the can take them in.

Coloma's avatar

Oops, I missed some of your sharings…yes, in this case, just put her out, NOW! She has had fair warning. Call the authorities oif you are concerned she will retaliate oin some way.

HelpmeGA's avatar

I called the cops and the officer that came didnt know if she was considered a houseguest or a tenant and told me to consult a lawyer and wouldnt put her out.

shego's avatar

She’s not on the lease and she’s not your child, she Is a houseguest.

chyna's avatar

Maybe you need to be more forceful with the police. She is neither a houseguest nor a tenant at this point, just a moocher you want removed. I cannot imagine someone acting this way. Or, you and your husband can put her stuff in the yard, change the locks and not allow her back in.

WestRiverrat's avatar

You may have to go to court and get her legally evicted. If it is like many states, she may be considered a month to month tennant and you must go through the legal process to get her evicted.

http://www.handelonthelaw.com/home/default.aspx has some advice on filing documents yourself to save lawyer fees. There are also probably some lawyers listed that you can talk to.

HelpmeGA's avatar

She is a real vendictive evil person(just found this out) and she is just evil enough to try and take me to court and try to make me pay I just want to cover all the bases to be sure I am right. I cant afford to go to court over her stupidity.

shego's avatar

Well I thought you could only evict somebody if the were on the lease.
@HelpmeGA call the non emergency number tell them that you are putting her stuff out front, and that you want them there to document that that is what you are doing. It’s not your problem to be taking Care of her she is an adult with a child she needs to be taking care of.

HelpmeGA's avatar

Thanks for all the help I will call them to stand by while I put the stuff out tomorrow when she goes to work

Coloma's avatar

Yes, you can request standby from the authorities. It will be okay…usually people like this are all talk and no walk.
She will probably just fade away. Don’t make up a bunch of fearful stories in your mind.

plethora's avatar

@Coloma 30 day notice???? This bum is there on a day to day as their guest. She’s a professional user. Take a look at Pacific Heights again.

plethora's avatar

@HelpmeGA Pack her stuff and put it on the front lawn. Better yet, take it to Goodwill and tell her if she moves quick she can get it back.

WestRiverrat's avatar

@plethora That is why @HelpmeGA has to have all the t’s crossed and the i’s dotted. If the bum knows and plays the system, if it isn’t done legally, it could come back and bite @HelpmeGA in the behind.

plethora's avatar

I seriously doubt she is a tenant. No lease, less than 90 days in their private home as a guest. This is the reason not to waffle with her. Now is the time to OVER react and blow her away…..so that it will be easier for her to find another sucker than to fight you.

chyna's avatar

@plethora Pacific Heights crossed my mind also!

Coloma's avatar

@plethora

Yes, I see that now.

I am just an advocate of being as fair as possible.

plethora's avatar

Dont get the cops involved. It’s like wanting them to issue a ticket to someone who hit your car. It means liability and time for them and they are going to take the easy way out, which means splitting the blame between the two of you.

plethora's avatar

@Coloma She is not in sight of “fair”. The woman has blatantly iied and used her. This woman knows how to take advantage of “fair”. Blowing her away is the only way to be rid of her. Thats why I say take her stuff to goodwill. Get her AWAY!!!

Coloma's avatar

@plethora

I disagree. If they are concerned that this person might go nutso, standby is a good idea. To SERVE and protect…this is a csae where serving might be in order.

plethora's avatar

@HelpmeGA What is hubby’s position on this? Why isn’t he taking some meaningful action?

HelpmeGA's avatar

I disconnected her cable last friday. made the PODS people come and get her storage thing off my property and she still insists she know her rights and that I cant touch her stuff or she will send me to jail. I copied this from atlanta legal aid but it doesnt tell you how to tell the difference…...
If you rent a room in a hotel or rooming house, you may legally be a “guest” and not a “tenant”. If you are legally a “guest”, your landlord does not have to go through any legal procedures to evict you. If you are late with the rent, the landlord can change the locks with no notice to you.

And if you do not pay the rent you owe, the landlord may sell your belongings to pay your bill. If you have questions about whether you are a tenant or a guest, talk to an Atlanta Legal Aid Society lawyer before you are in danger of being locked out.

WestRiverrat's avatar

Don’t take her stuff to Goodwill. You may end up buying her a whole new wardrobe.

I would go down to the courthouse and ask the clerk of courts what you have to file to evict this person. Once you get a court order for an eviction, the police HAVE to act.

plethora's avatar

@Coloma Bless you dear. Once I perfect this manipulation thing, I’m coming to see you. Have always wanted to live in OR and sounds like you have plenty of room….pweese??

I say nuke her…:)

plethora's avatar

@WestRiverrat Court? Orders? Police? You are begging for trouble. Ask an attorney if you must. Do not take it public. Take another look at Pacific Heights..the movie.

chyna's avatar

She had a POD in your yard?? OMG this witch has really taken over your home. You yourself are a renter, not an owner. She hasn’t paid rent. What is the issue? Just get her stuff out. What is your husband doing to help you?

plethora's avatar

@HelpmeGA You are a tenant. Do you even know if you have the right to sublet? Talk to your landlord because no matter what happens, you have pulled your landlord in the soup with you.

HelpmeGA's avatar

Hubby told her to get her fat nasty lazy mooch butt out of his house. He’s from NY and has the attitude, and was trying to make her back out the door, I had to send him downstairs. Did I mention she wont even vaccum her room or clean her bathroom. My mom says to call child services she only allows her child to bathe once a week cause she doesnt want to help her. I really feel sorry for her daughter this is the 4th house since Jan they have lived in…I just tried to be nice and trust me this will be the last time.

plethora's avatar

@HelpmeGA Sounds like hubby can handle it. Back off and let him do it.

chyna's avatar

This situation is making me mad. I want to come over and kick her butt out for you.

plethora's avatar

@HelpmeGA You may need to talk to a lawyer just to deal with Miss Manipulator.

HelpmeGA's avatar

my only concern really is getting in trouble myself. And GA is so funny with their laws. I’m from CA, joined the Army and ended up here. decided to stay when I got out. Jag says they cant help with this.
I dont know if the landlord realizes she is staying here he has seen her here a few times. Dont really want to make a problem for my family. But she has got to go ASAP.

WestRiverrat's avatar

@plethora I was illegally evicted once, I won’t go into details. I ended up with the down payment for the house I am building now.

I am just saying, if you don’t follow the rules, you can get hit with punitive damages.

plethora's avatar

@WestRiverrat Ok…..good point. Voice of experience!!!!!

Coloma's avatar

This woman is clearly emotionally unwell, depressed, a substance abuser maybe?
No motivation to clean up after herself or take responsibility.

Have compassion, but do what you have to do.

chyna's avatar

@Coloma I think the time for compassion has clearly gone by. It’s time to be very assertive.

Coloma's avatar

@chyna

I mean, do what has to be done and still have compassion. AND…after it’s a done deal, take a look at what it is about THEM that lends itself to attracting this type of person. Like attracts like.

gypsywench's avatar

@HelpmeGA I understand. I’ve been used like that before, and it’s hard when it’s a friend with empty promises. My advise is to stand your ground and kick her out asap!She must be saving money with not paying bills and all. Tell her tough luck! Shameful taking advantage of your kindness.

BratLady's avatar

You said you rent the home. Speak to your landlord about the situation. Meanwhile I would tell her that there are homeless shelters if she has no where to go. You’re probably not the first person she has used and surely won’t be the last. I hate to separate a parent and child but I would contact CPS to see if the child would be better off with a responsible adult.

gypsywench's avatar

@HelpmeGA She can’t take you to court. She has no legal ground for anything.

gypsywench's avatar

In the mean time just be annoying as possible. Make sure she’s is not comfortable by any means.

filmfann's avatar

This is what they mean by “No good deed goes unpunished.”
Get a rent-a-storage, pay the dollar for the first month, and put all her stuff in it.
It’s terribly sad, but she is ungrateful.

AmWiser's avatar

At the risk of being the odd man out….have you considered checking on short term living arrangements for your house guest. Fronting the money for 2-weeks rent, moving her belongings over there, giving her the key, and telling her you hope she makes it from here because you are through. Try doing a little research, there are some charitable agencies that deal with such situations. Good luck.

YARNLADY's avatar

Any threats she makes to take you to court are pure nonsense. She has no standing to do any such thing. Call legal aid and ask them what you can to. Look up “tenants rights + GA” and also “roommate disagreements”

gorillapaws's avatar

I’m with @WestRiverrat.

You want to be sure you do it correctly. You don’t want her to have grounds for a suit for illegal eviction. She sounds like a real piece of filth who would be happy to take you for tens of thousands in a lawsuit if given the opportunity. If you’re civilally liable for an illegal eviciton, you could be held responsible for any pain, suffering, or health problems that arise from being evicted, I believe. So if she happens to “hurt her back” and can no longer work as a result of being cast out onto the streets, you could potentially be liable for paying her a lifetime of disability.

I’m not a lawyer, I don’t want to scare you, and I could be completely wrong, but I just wanted you to be aware that there may exist the potential for a costly lawsuit against you if you don’t approach this thing right. I agree with others, that you should consult with a legal aid group that can give you accurate legal advice for your area. Best of luck.

Coloma's avatar

@gorillapaws
I think ’ piece of filth’ is a HORRIBLE judgement.

Lost and confused maybe, but REALLY? Sorry, nobody is a ‘Piece of filth’...that is just sad and wrong!

gorillapaws's avatar

@Coloma someone that takes advantage of another’s friendship qualifies as a “piece of filth” in my book. @HelpmeGA will probably never be willing to help out another friend in a similar situation again, not to mention it may make some of the people reading this thread think twice about helping others too. Scumbags like that are the reason why people can’t just trust each other, and are why we have to be so guarded and formal in our interactions with one-another. They are the 1% who ruin it for the other 99%. They’re the reason why I have to look at a huge goddamn sign on the sun-visors of my jeep warning me that my car might tip-over if I corner too quickly. They’re the reason why patients in our office have to sign 6 different legal documents before the doctor can even take a look at them.

Coloma's avatar

@gorillapaws

Well your book needs an editor.

Taking advantage is not a piece of filth.

It is taking advantage of, end of story.

Even the lowliest bum in the gutter is not a piece of filth.

john65pennington's avatar

If this person has been in your home for 30 days or more and has clothing there, you are going to have to seek an Order of Eviction. its the law. go see a judge and explain the situation. once the Order of Eviction has been served, the party will have 30 days to leave your home. if she does not leave voluntarily, sign an Order of Eviction. the sooner, the better.

chyna's avatar

I hope @HelpmeGA doesn’t end up having to move to get rid of this albatross!

gorillapaws's avatar

@Coloma “Even the lowliest bum in the gutter is not a piece of filth.”

It has nothing to do with income. Plenty of rich people are pieces of filth too (Bernie Madoff comes to mind, along with several CEO’s).

Coloma's avatar

@gorillapaws

That’s not what I meant.

I meant that there are dishonest people, people that take advantage, unkind people, cruel people, but..nobody is a piece of filth regardless of how their stuff shows up.

They are screwed up, but they are not filth.

Hate the behavior not the person.

gorillapaws's avatar

@Coloma ”...nobody is a piece of filth…”

I want some of whatever the editor of your book is smoking.

I think certain people are genuinely worthy of derision, hate and scorn—particularly those that prey on their fellow human’s good intentions, charity and goodwill. Obviously, not everyone that’s down-and-out is a bad person, many of them get unlucky, or make some bad decisions, but it takes a special kind of person that’s willing to screw over someone that’s trying to help them.

Taking it back to the OP’s question, I think the issue that @john65pennington has raised, makes it pretty clear that you need to seek legal advice.

Coloma's avatar

@gorillapaws

Yes, it does take a special kind of person, a mentally messed up person. I am not saying there should not be consequences, but a more evolved person understands that people that behave badly are unwell not hateful.

Healthy, well adjusted, mentally and emotionally sound people conduct themselves with integrity regardless of their circumstance.

To use such derogatory terms are just not necessary in ‘my book’.

Anyway…onward and upward.

YARNLADY's avatar

@HelpmeGA Please let us know what happened.

NosyBut's avatar

I know it’s been over a year, but I hope everything worked out for you.

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